Newspaper Page Text
VOLUME CXI.—NO. 141.
CONBOY FOUND GUILTY
Verdict Is for Manslaughter
JURY ADDS PLEA
Former Police Captain Will Ap= j
pear for Sentence on Sat*
Michael Joseph Conboy, on trial for
the fifth time for shooting and killing
Bernard Lagan in Fillmore street
nearly three years ago, was found
guilty of manslaughter last night. He
will be sentenced Saturday morning at
3 0 o'clock by Judge B. V. Sargent of
Monterey county, who has been con
ducting the case in Judge Dunne's de
partment of the superior court.
•The trial, which was shorter than
any of the preceding ones, was brought
to a close early in the afternoon and
the case went to the jury shortly after
3 o'clock. More than five hours were
spent in deliberation over whether a
recommendation for clemency should be
made in favor of the former police
captain. The final verdict was as fol
"We. the jury, find the defendant,
Michael Joseph Conboy, guilty of man
slaughter, with recommendation for the
mercy of the court; if possible, pro
Conboy, with his two daughters, who
have been at his side since the begin
ning of his trouble, heard the verdict
without change of countenance, and
later all three thanked Judge Sargent
for his fairness in handling the trial.
Outside in the corridor, however, the
.young women burst into tears and had
to be escorted home.
No change was made in the amount
of bonds under which Conboy is held,
and with the consent of Assistant Dis
trict Attorneys Brennan and Cunha,
who prosecuted the case, he was not
taken into custody. Joseph J. Dunne,
one of counsel for the defense, accepted
responsibility for Conboy"s appearance
The record of trials of the former po
lice captain is unique in the legal his
tory of the state. When the crime was
< ommitted, July 23. 1909, Conboy was
head of one of the police companies, but
was addicted to drink. While in an in
toxicated condition he shot Bernard La
gan, a young business man, who had
tried to help him out of a Fillmore
Conboy was dismissed summarily from
the department, but no criminal charge
was brought until October of the same
year, when Lagan died from the effects
of the wound and Conboy was held to
answer to the charge of murder. Early
in the year 1910 he was brought to trial
for the first time in Judge Dunnes
Self-defense was the plea of the pris
oner, and he has held to this during
the succeeding trials. On February' 17,
IMO, the first trial ended in a disagree
The Tendency of Every Man Is
To Live Up to His Name
Wherever you find a good name you will find some man trying to live up
to it. Character follows reputation far more quickly than reputation follows
character. No one ever lost his good name except through folly.
What the world thinks of a man is the very best moral tonic that is sold
under the label of philosophy.
And it is the same with merchandise as it is with men. The nameless
thing is dreaded everywhere, while the thing with a good name is usually
good because you expect it to be.
Men grow proud of their products. You will find a manufacturer saying
'This shoe has got to be good because it bears my name." You will find a
canner saying, "I can not use lye any more than I can tell a lie. ,. You will
find a clothing manufacturer saying, "If / am 'all wool/ my clothing must
also be all wool."
And so it goes with every single product that carries a brand or a name.
Whenever a man sets a standard, he strives to live up to it; and whenever
the world sets that standard, he doubles the effort.
Which simply means, if you want the best, you must ask for the best.
And every time you ask, you make it better.
There is hardly one of you readers who does not know the name of every
good product on the market. From clot lung to sugar and from hosiery to
baking powder some good name is indelibly fixed in your mind, yet, when
you ask for an article, most of the time you do not use that name.
And every time you fail to do so, you discourage the maker, you lower
the standard for yourself and you allow some inferior thing to gain in strength
Let this go home in your mind: You set the standard of merchandise.
The maker follows your ideals. Adulterations creep in through your laxity.
Whenever you ask for any old thing, you get it.
While you are reading the advertising news in this paper today, make up
your mind to ask for what you know to he good; to learn what is best and
demand it and to have no parley with the nameless things of trade. Ask
for California made goods.
MICHAEL J. CONBOY.
ment, with the jury standing 11 to 1
The second trial was begun at once
and ended April 2 in his conviction for
manslaughter. He was sentenced to
seven years in the penitentiary, but car
ried an appeal to the higher court, and
in December the district court of ap
peal granted him a new trial on the
basis of an error in Judge Dunne's in
structions to the jury.
The third trial, in which Judge J. J.
Trabucco of Amador county presided,
ended August 4, 1911. in a disagreement,
with the jury standing six to six. The
fourth trial, which followed imme
diately, with Judge If. T. Dooling of
Hollister on the b£nch, also ended in a
disagreement, and the jury was dis
missed September 1 after failing to
break the deadlock. In this trial the
final vote was six to six, as in the third.
During the trial which closed yes
terday Conboy frequently tripped over
the testimony he had given before,
while the prosecution presented an
array of evidence that was overwhelm
ing. It was stated last night that the
jurors did not question his guilt, but
that two of the members were of the
opinion that he had been punished
enough. I'nder the statutes the sen
tence will be from one to ten years in
The morning session of court, as well
as the early part of the afternoon yes
terday, was occupied by Assistant Dis
trict Attorney James Brennan with hfe
closing arguments for the prosecution.
Judge Sargent commenced his instruc
tions to the Jury at 2:40 o'clock.
In charging the jury, the court out
lined general doctrine of self
defense, in which it maintained that a
man may go so far as to take life if he
has reason to believe that his personal
safety is attacked. In the testimony it
had been shown that Conboy had called
Lagan a pickpocket and a thief. Judge
Sargent said that this was not sufficient
excuse for Lagan to attack the former
Attorneys James Brennan and Ed
ward A. Cunha of the district attorney's
office conducted the case for the state.
Conboy was defended by Attorneys Nate
C Coghlan and Joseph J. Dunne.
J. R. HAMILTON
Former Advertising Manager of IVanamaker's, Philadelphia
THE San Francisco CALL
SAN FRANCISCO, FRIDAY, APRIL 19, 1912.
FORTS AT THE
Italian Fleet Maintains Bom
bardment for Two Hours;
One Vessel Damaged
Warships Also Fire on Barracks
and Ammunition Depots
on Samos Island
I'ONSTAXTINOPL.E. April 18.—It is
daily announced that 27 Italian war
ps today bombarded the forts Kilid-
Bahr and Sedd-Ul-Bahr here at the
ranee of the Dardanelles for two and
half hours. They then withdrew.
One Turkish soldier was killed.
It is reported that in the return flre
from the forts a shell struck and badly
damaged one of the warships. The
porte has proclaimed a blockade of the
Another fleet of Italian vessels bom
barded the barracks and ammunition
depots on Sumos island.
The sultan, in his speech at the open
ing of parliamen today, referring to
the war in Tripoli, said:
•'We desire peace, but that peace
must be on the condition of an effective
and integral maintenance of our sov
ereign rights." .
It has been rumored for weeks that
Italy contemplated a renewal of naval
action in Turkish waters, and the Ital- |
I ian fleet was said to have approached |
within 50 miles of the Dardanelles a ]
month ago with the intention of occu- |
Ipying some of the islands,
i In consequence of these reports the
j Turkish military authorities reinforced!
the garrisons near the Dardanelles and
I the Turkish government notified the
foreign powers that the Dardanelles
had been mined and that it was neces
sary for vessels passing through to \
employ local pilots.
SAN RAFAEL CHORAL
SOCIETY TO GIVE CONCERT
[Special Dispatch to The Call]
SAN RAFAEL, April 18.—The third
concert of the San Rafael Choral so
ciety will be given at Hall Rafael to
morrow evening. Among those on the
musical program is Henry Perry, who
sang several bass solos in the recent
performance of the "Stabat Mater," with
Tetrazzini at the Greek theater at
Berkeley: Herman Perlat, musical di
rector of the society; Carl Anderson, a
prominent tenor soloist in New York
city; Mrs. Perlet and Belle Thorne,
known to theater goere at the old .
Tivoli in San Francisco. j
INCREASE OF AERIAL
MILITARY FORCE URGED
NEW YORK, April 18.—An urgent
demand that congress take immediate
action to increase the aerial military
forces nf the country is on its way
to Washington today, sig-ned by the
board of go% - ernors of the Aero Club of
America. The resolution declares that
France, Russia, England, Italy, Ger
many, Austria and Japan already have
realized the value of the aerial arm of
the service and have taken steps to
equip themselves suitably.
Dorr's Actions Are Believed
To Indicate Insanity Plea
From left to right are: Chief of Police Briare, Officer Jack Cayon, William Dorr and Detective Donahue, prin
cipals in the Marsh murder case and the man hunt that resulted in the arrest.
Stockton Police Chief Says He Has Evidence of Documentary
Character That Will Convict Accused Man of Murder
STOCKTON, April 18.—That William
A. Dorr, whom the authorities believe
journeyed across the continent and
murdered his aged uncle, George A.
Marsh, near Lynn, Mass., intends to
plead insanity is indicated by his ac
tions. Today Dorr occupies a cell less
than three blocks from the motorcycle
shop where up to a few weeks ago he
enjoyed the confidence of many friends.
"I believe that Dorr intends to at
tempt the insanity dodge," said Chief
Briare this morning. "Kvery action in
dicates it. He's a darn in many
ways and in others he's pretty keen.
He did what they all do sometimes.
He came back to Stockton when he
shouldn't have, but he's smart enough
to lay the groundwork for an insanity
"I have positive evidence in my pos
session that will convict Dorr ot the
murder of George Marsh. That evi
dence is of a documentary character. I
positively know that he was in Lynn,
New York and Boston, and I know that
when he left for the west he traveled
under the name of Wallace A. Dawson.
When Dorr is confronted with the evi
dence that I have he is likely to break
down and confess. However, I will not
go near him for a couple of days, un
less he should send for me.
NO ACCOMPLICE, SAY POLICE
"At first I was rather of the impres
sion that Dorr had an accomplice, as I
' did not think he had the nerve to com
mit the crime alone. I now am con
MAKES ITS REPLY
Residents of Hayward Told That
Present Service Is Quite
The Western Pacific entered a reply
yesterday to the complaint of the citi
zens of Hayward, who had applied to
the railroad commission to compel the
carrier to improve its service. The
people of Hayward had asked that the
Western Pacific be compelled to run
more frequent passenger trains and
thus establish a commutation service.
In its answer the Western Pacific as
serts its belief that under the clreum
stances it regards its service as. ade
The railroad commlselon issued an
order yesterday calling upon the public
utility corporations of the state to file
statements of their earnings and bal
ance sheets for the last two fiscal years.
The purpose is to enable the commis
sion to obtain some understanding of
the financial conditions of these cor
porations, preliminary to such applica
tions as may be made for permission to
issue new bonds.
An informal conference with railway
officials was held by the commission
for the purpose of considering tariff
A hearing was conducted before
Commissioner Eshleman In regard to
the rates to be charged on "return
An application was received from the
Rialto Light, Power and Water com
pany for permission to sell its property
to the Southern Sierra Power com
pany. The Rialto company is located
In San Bernardino county.
vinced that he committed the deed
This belief is shared by the Lynn po
lice, who declare that it would be an
easy matter for a man in an automo
bile to kill a companion and dump the
body off the machine down over the
railings to the rocks below. The Lynn
police also are of the opinion that the
deed was committed by some one who
knew Marsh and had business dealings
with him. Dorr fits that condition.
That Dorr came here to see Miss
Marsh, his aunt, and that he expected
to leave the city after seeing her, is
the theory of the police. This is
strengthenod by the fact that under the
overalls and jumpers was as fine a suit
of clothes as any one could wish for.
He evidently was prepared to doff the
disguise and skip.
AL.YT IVOVT BE INTERVIEWED
Miss Orpha Marsh, Dorr's aunt and
the woman whom he has repeatedly
asked to see, absolutely refuses to be
seen by newspaper men. She is staying
at the residence of a neighbor, Mrs.
"Oh, God! I'm sick!" moaned Dorr
this morning as he fell into a chair
in Jailer Shepherd's office and rolled
his head to and fro. He gazed with a
vacant stare and was a picture of utter
dejection. He was on the verg-e of
weeping, but no sympathy was extend
ed him. When led out of his cell by
Deputy Jailer McAllister, he walked
with a faltering step, and, on coming
face to face with a Call representative
whom he had known for years, Dorr
failed to recognize him.
IN PRINT, IS SAVED
Terrible Tale of Ship's Destruc
tion Thrilling, but Disaster
The tale of the destruction with all
hands of the British steamer Cachapoal
as published yesterday in several local
papers was thrilling and heartrending,
J but, fortunately for the passengers and
j crew of the vessel, the disaster never
j happened. The only basis for the cir-
I cumstantial tale of another sea horror
was the word of a lassenger O n the
British steamer Queen Helena, which
arrived hero Wednesday afternoon, 40
days from Antofagasta.
This passenger reported that the
steamer Cachapoal, a vessel of 1,547
tons, with 80 souls on board, left Payta
for Guayaquil and had not arrived at
the latter port when the Queen Helena
left there about March 22. He said
there was much anxiety in Guayaquil.
The records in the marine depart
ment of the Chamber of Commerce
show that a cablegram was received
from Guayaquil, via London! on March
21, which read: "Steamer Cachapoal
two days overdue from Payta. In
quiries are being made."
This was followed by another cable,
dated March 23, which read: "Cacha
poal arrived. Damage insignificant."
Y. M. 0. A.'B NEW OFFICEBS— Stanford Uni
versity. April 18.—The following officers haTe
been elected to direct the work of the Y. M
C. A. for the fall •emeeter: E. C Smith '13
president; F. B. Watktnn "14, rW president'
F. C. Hamilton *15. secretary: C. C. Close '14
treasurer. The « hairmen of tho various com
mittee* are: R. L. Murray W. F Talbot
IT. 3. Smith. F. A. Lnis, c". A. Chilea, J E.
Hughee, G. B. Needaam, W. Clark and w'. HL i
He was taken into the jail yard and
posed for pictures. As soon, as the
photographs were taken he fell to the
ground. Hβ was assisted to his feet
and was given medical attention by
County Health Officer Dr. AVilliam
Fried be rger.
DOKR DYED HIS HAllt
In an effort to evade capture Dorr
dyed his hair and eyebrows brown. The
absorption of the dye, states the phy
sician at the jail, has affected his en
tire nervous system.
When Policeman Gayou slipped the
handcuffs on Dorr's wrists last night
the policeman could not help feeling a
thrill of personal satisfaction. Some
six months ago the police were noti
fied that a man was wanted for embez
zling a motorcycle from a firm in San
Francisco and that a reward of $25
was offered for the fellow's arrest. The
embezzler brought his motor to Dorr's
place of business one night a few days
later and left it to be giv.en some minor
repairs. Dorr identified the machine
by its number and notified the police
office. The next morning, when the
fellow returned to Dorr's for his ma
chine, Jack Gayou snapped the hand
cuffs on him.
In the meantime Dorr hastened to
San Francisco and collected the $23 re
ward for the man's arrest. Gayou
thought that Dorr surely would divide
the reward, but he did not. Instead he
gave Gayou the laugh and made it a
habit to josh the officer about the mat
ter. Now Gayou is likely to come in
for a share of the reward for the arrest
of Dorr himself.
TO POLLS TODAY
For First Time State Will Util=
ize Entire New Election
PORTLAND. Ore., April IS.—For the
first time Oregon will utilize the en
tire machinery tomorrow of the sys
tem of direct primaries elections that
bears its name. A preferential can
didate ftor president, electors, United
States senators, congressmen and many
state and county officers will be nom
inated by the republican and demo
cratic voters, and at the same time
delegates to the national conventions
will be chosen.
Principal interest centers in the
presidential preferential primary, the
United States senatorship and the nom
ination of congressman in the third
(Portland) district by the republican
party. There has been little campaign
work done by the democrats for any
office. The democrats offer for nom
ination for president Woodrow Wil
eon, Champ Clark and Judson Harmon,
while the republicans have President
Taft, Theodore Roosevelt and Senator'
R. M. La Follette on their ballots. The
Cght for the republican preference has
been keen, and managers of all can
didates express confidence of the out
United States Senator Bourne and
Ben Selling, a Portland merchant,
have waged a vigorous contest for the
senatorship, and the rate is believed tp
be confined to them, although there
are four candidates for the nomination
Pour Portland men are faring Con
gressman A. F , . Lafftery, republican, lor
the congressional nomination.
PAGES 11 TO 20!
PRICE FIVE CENTS.
ADD 25,000 TO
Area as Large as New England
States Inundated by Col
lapse of Dikes
Thousands in Pitiable Plight
From Hunger and Exposure
; MEMPHIS. Term.. April 18.—The
break in the main line levee on tlie
Mississippi river, four miles below
Rosedale, Miss., and another on the Ar
-1 kansas river added 2"),000 persona to the
1 flood sufferers in Arkansas, Louisiana
j and Mississippi. The flood had inun
! dated rich cotton country almost as
I large as the New Kngland states.
The levee at Angola, La., on the east
bank of the Mississippi river, broke to
day. Two thousand acres of planted
cane will be wiped out.
HI NGKR ASSAILS VICTIMS
The plight of thousands of homeless
persons in the flood district is pitiable.
I Hundreds are marooned In isolated
places. Many have been without food
for days and scores are suffering from
want of clothing.
Officials of the national government
have combined forces with the state of
ficials to carry relief.
AVATKR STILL RISIMi
The need of motor boats and skiffs
for rescue work is extreme.
The water is rising rapidly at Tu!
lulah. La, Rescue of the inhabitunis
is taking plane.
Railroads are all out of commission
in the inundated sections, and whatever
supplies are collected can be distrib
uted only by boats.
Appeal to California
SACRAMENTO. April 1 ?,.— President
Taft in a special telegram to Governor
Johnson today asks the state executive,
as honorary head of the lied Cross so
ciety in California, to appeal to the
people of this state to I'ome to the aid
of the flood sufferers in the Mississippi
The message says:
"Conditions of distress resulting from
the flood in thp lower Mississippi valley
have assumed such intensity and mag
nitude that it has become my duty as
president of the American Red Cross
to make known the facts in order that
the people of the United States may
express their sympathy in substantial
Ohio Asked to Help
COLUMBTS. 0.. April IS.— Governor
Harmon today called on the people of
Ohio to give aid to the flood saffe'rers
in the Mississippi valley.
Relief Ships on Way
WASHINGTON, April 18, —Major Xor
moyle at Memphis reported to the war
department today that constant an
peals for assistance reaching , him
from Louisiana points and that desti
tution in the flooded districts was in
The steamer Alice Miller, sent from
Vicksburgr, is expected to distribute 10
days' supplies at Milliken's Bend, Hen
derson and Atherton. Supplies ha , . >•
been sent from Monroe to Jena and
Delhi. Below Natchez 1,000 persons
are in need. A relief boat has started
from New Orleans northward.
The refugee canip at Vickeburg bus
been supplied with 10.000 rations and
10.000 have been given the civil author
ities for distribution north of Memphis.
WOULD TRADE HIS JOB
Permission for Transfer Sought
OAKLAND. April IS.—F. C. Turner.
commissioner of public health and
safety, -who because of poor health has
found his duties too heavy, will ask f"r
authorization to transfer places with
John Forrest, commissioner of revenue
and finance, according to a statement
he made today. It is not probable that
the qhange will be made for some time,
if at all.
Turner said today that the majority
of the council would stand by him if
he asked for the change through or
"Turner is a man of wide experience
and tlie ideal man for the position he
holds," said Mayor Mott today. "I do
not think there will be any change, at
least not for some time to come."
Forrest was noncommittal as to his
attitude on the proposed transfer.
MAY BE DISMISSED
Theatrical Man Denies Guilt of
Breaking Neutrality Laws
LOS ANGELES. April 18.—Assistant
United States District Attorney Robin
son announced today that he would
ask the dismissal tomorrow of the in
dictment charging , Dick Ferris, theat
rical man and promoter, with having
violated the neutrality laws by alleged
activity in Lower California during tho
Mexican revolution which resulted i:i
the overthrow of Diaz.
Karris claimed that he was not to be
blamed because the rebels chose to
proclaim him president of the new re
public of Lower California without his
The cases against Ricardo Florcs
Magon and Enrique Magon, brothers,
similarly accused, will be tried later.
VALLEJO FERRY STEAMER
TO BE PUT ON NEW RUN
VALLEJO. April IS.—According to
I private information received in this
i city the Southern Pacific Railroad com
j pany will take trie ferry boat off the
; run between this city and Vallejo June-
I tion just as soon as the new ferry
J steamer Contra Costa is placed in com
! mission. The Contra Costa is to ply
I between Benicia and Port Costa in con
j junction with the Solano, and the route
from Vallejo to San Francisco or Oak
land will be by way of Napa Junction,
Suisun and Benicia.
m . ■
ENGINEER STUDENTS HOHOKEI^-Stanford
■' University, April 18. —C. L> Wyent "12 of
Moiitpclti*. C, S. Gr«J "12 of RiTpra. t;. v.
I Wallaeh "12 of Boonvitle end A. C. Sandstorni
'14 of Portland. Ore., bavp been elected to
t!i«» Civil KTUjinoerina; society, a. 1.. Adam*,
one uf the besi hydraulic engineers or the rom
try, ve%\ address students in oiril cngeinetrin'*
[ tomorrow afternoon on "Litigation 5i Rea-arri
I 10 Water Works Vain-UoR." «e«"ra